Deck 13: Liability and Wrongful Custodial Death

Question 1

What is the standard of medical knowledge for police officers?

A) Police officers are held to the same standard as a physician.
B) Police officers are held to the same standard as a registered nurse.
C) Police officers are expected to determine the medical wellbeing of the individual in their custody.
D) Police officers are not required to have any medical knowledge.

Answer 1

C

Question 2

What have the courts decided about the hogtie position?

A) Police can use the hogtie position on anyone.
B) Police can use the hogtie only on individuals who require a special duty.
C) Police can use the hogtie position on anyone who does not require a special duty.
D) Police cannot use the hogtie position on anyone.

Answer 2

C

Question 3

Unexpected custodial death cases filed under §1983 are evaluated under the purview of which Amendments?

A) 1st and 8th
B) 1st and 4th
C) 8th and 14th
D) 4th and 14th

Answer 3

D

Question 4

Which of the following is a prisoner suicide awareness factor?

A) prior arrest conviction
B) nature of arrest
C) prisoner shows signs of depression
D) all of the above

Question 5

The common law and statutes general provide that police officers may take custody of the apparently mentally ill or those who appear to be dangerous.

Question 6

Which of the following elements alone may cause asphyxia?

A) the weight of an officer's body
B) a Taser
C) emotional shock
D) all of the above

Question 7

Which U.S. Supreme Court case decided the standard for §1983 wrongful death failure to train cases?

A) Whitley v. Albers (1986)
B) City of Canton v. Harris (1989)
C) Graham v. Connor (1989)
D) Hudson v. McMillian (1992)

Question 8

According to Noonan and Carson (2011), about _____ percent of jail custodial deaths are suicides?

A) 5
B) 10
C) 15
D) 20

Question 9

Which of the following incidents normally results in a civil lawsuit?

A) attempted suicide
B) custodial death
C) use of force
D) all of the above

Question 10

Research estimates that prisoner suicide is about _____ times more likely than the free society population

A) 2-5
B) 2-10
C) 5-10
D) 5-15

Question 11

Sudden death in custody after a period of restraint is a rare occurrence.

Question 12

How have the courts interpreted the deliberate indifference standard in suicide wrongful death in custody cases?

A) The deliberate indifference standard does not apply.
B) The plaintiff must have shown deliberate indifference to the possibility of suicide.
C) The plaintiff must have shown deliberate indifference to a strong likelihood of suicide.
D) The plaintiff must have shown deliberate indifference once the suicide took place.

Question 13

In order to argue for wrongful death in a negligence claim, a plaintiff must prove that the police officer disregarded department policies regarding force measures, use of restraints, medical concerns, and/or transporting procedures.

Question 14

Which of the following is the most common type of wrongful death claim filed against detention personnel?

A) excessive force
B) positional asphyxia
C) failure to provide medical care
D) all of the above

Question 15

Where does a majority of excessive force claims occur?

A) during arrest
B) at the police station
C) in a detention cell
D) all of the above

Question 16

Who requires a special duty of care?

A) an intoxicated arrestee
B) an individual in a nursing home
C) a child
D) all of the above

Question 17

According to Noonan and Carson (2011), about _____ percent of jail custodial deaths are suicides?

A) 10
B) 20
C) 30
D) 40

Question 18

The Court has never specified a prisoner's right to protection from self-harm; however, the deliberate indifference standard is used in suicide cases.

Question 19

Which of the following has been proven to cause sudden in custody death after a period of restraint?

A) positional asphyxia
B) excited delirium
C) Taser use
D) none of the above

Question 20

The standard in wrongful death torts is gross negligence.